ORDERS:
ORDER AND DECISION
This matter comes before the Administrative Law Judge Division pursuant to an
administrative violation written against the beer and wine permit of the Respondent, Teresa A.
Hughes. A citation was written against Ms. Hughes for violation of ABC Regulation 7-9(B) for
permitting the purchase of beer by a person under twenty-one (21) years of age on July 1, 1994.
The Petitioner made a timely request for a hearing on these charges, and a hearing was held
before the Administrative Law Judge Division in Columbia, South Carolina, on December 19, 1994,
concerning this matter. Notice of the time, date, and place of the hearing was timely served upon all
parties of interest. The Respondent failed to appear at the hearing.
I find the Respondent guilty of the violation and assess a penalty of $800.00.
SUMMARY OF THE EVIDENCE
Jason Flynn, an underage person working with the Alcohol Enforcement Unit of the State
Law Enforcement Division, testified that he entered the Ms. Hughes business, Smoke and Bottle
Shop, 275 Meeting Street, West Columbia, South Carolina, on July 1, 1994. He stated that on July
1, 1994, he was seventeen (17) years of age. Jason Flynn further stated that he had in his possession
his driver's license showing his true date of birth. He further testified that a clerk in the Smoke and
Bottle Shop sold him a six pack of beer, and that the clerk did not ask him his age or ask to see any
type of identification.
FINDINGS OF FACT
By a preponderance of the evidence, I make the following findings of fact:
1. This Division has personal and subject matter jurisdiction.
2. Teresa A. Hughes d/b/a Smoke and Bottle Shop, 275 Meeting Street, West Columbia,
South Carolina, holds a beer and wine permit issued by the South Carolina Department of Revenue
and Taxation.
3. On July 1, 1994, an agent of the Respondent sold a six-pack of beer to Jason Flynn,
a person under the age of twenty-one (21) years of age at this location.
4. On January 20, 1994, a violation was issued against Teresa A. Hughes for unlawful
possession of liquor which resulted in the payment of a fine.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I conclude, as a matter of law, the following:
1. S.C. Code Ann. § 1-23-600 (Supp. 1993) grants jurisdiction to the Administrative
Law Judge Division to hear contested cases under the Administrative Procedures Act.
2. S.C. Code Ann. § 61-1-55 (Supp. 1993) grants to the Administrative Law Judge
Division the powers, duties and responsibilities as a hearing officer in protested and contested
matters governing alcoholic beverages, beer, and wine.
3. ABC Regulation 7-9(B) prohibits a permit holder from permitting a person under
twenty-one (21) years of age from purchasing beer in a licensed establishment. Based on the facts
found above, I conclude that the Respondent and/or her agent violated ABC Regulation 7-9(B) on
July 1, 1994.
4. S.C. Code Ann. § 61-13-510 (1990) authorizes, in lieu of suspension or revocation
of a permit, the imposition of a monetary penalty of not less than twenty-five ($25) dollars nor more
than one thousand ($1000) dollars for the violation of any regulation promulgated by the
Commission.
5. After considering the testimony and evidence of a previous violation, it is concluded
that a fair and reasonable penalty for this violation would be the payment of a fine of $800 by the
Respondent to the Petitioner.
ORDER
Based upon the above the Findings of Fact and Conclusions of Law, it is hereby,
ORDERED AND ADJUDGED that Teresa Hughes pay a monetary penalty in the amount
of $800 for the offense cited above. If the Petitioner does not receive a total of $800 from Teresa
A. Hughes within fifteen (15) days from the date of this Order, it is Ordered that the Beer and Wine
Permit BW530179 be suspended for a period of thirty (30) days. If the Petitioner does not receive
the funds as stated, any agent of the State Law Enforcement Division shall serve a copy of the Order
on Respondent and shall take possession the beer and wine permit issued to Teresa A. Hughes d/b/a
Smoke and Bottle Shop, 275 Meeting Street, West Columbia, South Carolina. Said agent shall hold
the permit for thirty (30) days. Upon expiration of the thirty (30) days suspension, said agent shall
return the permit to respondent. During the period of this suspension, Respondent is ordered to post
a copy of this Order at a visible location at her place of business, and to cease and desist all sales of
beer and wine.
AND IT IS SO ORDERED.
_______________________________
ALISON RENEE LEE
Administrative Law Judge Division
January _____, 1995
Columbia, South Carolina |